CHAPTER XVIII

PROCLAMATION OF THE UNION

1841

HOME RULE FOR THE COLONY

THE DURHAM REPORT--THE RESOLUTIONS AT THE CHATEAU DE RAMEZAY--LORD SYDENHAM--THE PROCLAMATION OF UNION AT MONTREAL--RESPONSIBLE GOVERNMENT AT LAST.

Durham was wisely lenient with the political prisoners waiting for trial at Montreal, but his injudicious step in securing confessions, through an intermediary, from Doctor Nelson and his companions--by inducing them to place themselves at his discretion, and then his condemnation of them without trial to be transported to Bermuda, forbidding them to return under pain of high treason, and his extraordinary ordinance declaring that Papineau and the fifteen others who had escaped and had neither confessed nor been found guilty should suffer death if they returned to Lower Canada--was held in the English parliament, on the initiative of his enemy, Lord Brougham, to be utterly subversive of the principles of English colonial law. Accordingly his ordinance was disallowed; hence his resignation and return to England. He died about eighteen months later, a broken man. But he did much for Canada and his famous report stands out a masterpiece of statesmanship. It is to the credit of Adam Thom, of Montreal, to have been associated in its compilation as Durham’s secretary for the purpose.

This report of Durham has had far reaching effect. It was based on a study of the situation. He found an acute political association as follows:

The Assembly complained that the constitutional government given them in 1791 was a mockery. They could elect members but members who had no control, who might fret and fume and froth but could not appoint a single crown servant. In name it was a representative body, French, Catholic and popularly elected. The legislative council was all powerful, its members nominated by the government, and holding their offices permanently, but British, Protestant and exclusive, and above all the clatter was the Executive Council and the governor, who were dependent hand and foot on Downing Street officialdom and from it received instructions, so that the few ruled the many, independently of the council’s representation of the latter. Thus a race war had developed, the majority, French, savagely demanding their rights of popular representation and the minority, British, desirous of keeping the upper hand. Thus the French Assembly developed into a permanent opposition to everything British till it flamed out into recourse to arms when British and French paired off into distinct camps.

“I expected,” says Durham in his report, “to find a contest between a government and a people. I found two nations warring in the bosom of a single state. I found a struggle not of principles but of races.” Hence his grand solution was “home rule” for the colony and the abolition of the Downing Street restrictive régime of red tape. He was accused by the British of deserting his own side; he pleased the French-Canadians by this above recommendation but bitterly disappointed them by making responsible government dependent on the Union of the Canadas, for it was feared by this Union with Protestant Ontario their national existence was jeopardized. But this was precisely what Durham wanted, trusting in the inevitable growth of immigration: “I have little doubt,” he says, “that the French, when once placed in a majority by the legitimate course of events and the working of natural causes in a minority, would abandon their vain hopes of nationality.”

Durham looked forward to the time when British North America should have one parliament only. Thus he foresaw confederation.

Lord Durham’s masterly and statesmanlike report was presented to the Imperial parliament on January 31, 1839. It advocated the repeal of the Constitutional Act of 1791, which divided the two provinces and so created two distinct nationalities, and it recommended the legislative Union of the Canadas. The bill proposed for this effect by Lord John Russell was postponed till next year. Another bill, however, passed to continue the legislative council in their especial powers till 1842. Canada was still, therefore, without a constitution.

The new governor general to succeed Sir John Colborne, who had been invested with the Grand Cross of the Bath for his services, arrived at Quebec on October 17th. He was Mr. Charles Poulett Thomson, who had been president of the Board of Trade in England. He entered on his office on October 19th. He left for Montreal in October to meet the legislative council, now established there.

The news of the proposed union was grateful, especially at Montreal, to the British merchant class, who foresaw commercial expansion and progress. At Quebec there was some dissension, since the meeting place of the projected union parliament was likely to be at Montreal, and thus Quebec would lose its ancient prestige. The measure was not as yet looked on with full favour by the French-Canadians in general, as it seemed to them to be a scheme to weaken the influence of their political life and to be destructive of their national aspirations. On the 11th of November the legislative council of Lower Canada met and on the 16th six resolutions were passed at the Château de Ramezay.

First: The Union was affirmed to be an indispensable and urgent necessity. Second: that the determination to reunite the Provinces received ready acquiescence. Third: that suitable civil lists should be provided securing the independence of the judges and maintaining the executive in its functions. Fourth: that the proportion of debt of Upper Canada contracted for the improvement of internal communication should be charged to the revenue of both provinces; the outlay for defraying expenses of a local character not to be included. Fifth: that the adjustment and settlement of the terms of Union should be submitted to the wisdom and justice of the Imperial parliament. Sixth: that a permanent legislature composed of the people of both Provinces should be convened as soon as possible.

The resolutions were carried with three dissenters, Messrs. Cuthbert (Berthier), Neilson (Quebec) and Quesnel (Montreal), the members of the council supporting the union being Chief Justice Stuart, Pothier, de Léry and Walker (Quebec), McGill, de Rocheblave, Gerrard, Christie, Molson, Moffatt (Montreal), Harwood and Hale (Sherbrooke).

The majority of the legislative assembly being ready for the union of the provinces, which was an equivalent to yielding to responsible government power they had held so long and arbitrarily, must be noted as significant of the trend of opinion. Some ordinances were passed: first, continuing until June, 1840, the power to retain arms and gunpowder; second, continuing the ordinance relating to persons charged with high treason; third, incorporating the Ecclesiastics of Montreal in the fief and seignories of St. Sulpice and of Two Mountains--the conclusion of many years’ negotiations.

On November 18th Mr. Paulett Thomson wrote from Montreal to Lord John Russell to urge the speedy adoption of the Union by parliament. He wrote: “All parties look with extreme satisfaction on the present state of government. * * * The suspension of all constitutional rights affords to reckless and unprincipled agitators a constant topic of excitement. * * * All parties, therefore, without an exception, demand a change. On the nature of that change there undoubtedly exists some difference of opinion. The large majority, however, of those whose opinions I have had the opportunity of learning, both of British and French origin, and of those, too, whose character and station enable them to the greatest authority, advocate warmly the establishment of the union and that upon terms of perfect fairness, not merely to the two provinces but to the two races within the provinces.” Mr. Thomson then left for the Upper Province, arriving at Toronto on November 21st.

The union bill of Lord John Russell received the royal sanction on July 23, 1840, but it did not take effect till February 10, 1841. On this day the union was solemnly established at Montreal. Mr. Paulett Thomson now became Lord Sydenham of York and Toronto in recognition of his part in the union. He took the oath of office as governor-general in 1840.

February 10, 1841, Lord Sydenham issued a proclamation uniting Upper and Lower Canada into the province of Canada.

“The choice of this date,” says Kingsford, “was because it was on this day that the Imperial parliament assented to the act which had suspended the constitution of Lower Canada three years previously, and it was thought an act of wisdom to re-establish on the anniversary of this extreme measure constitutional liberty, which effectively terminated it. It was also the date of the conclusion of the treaty of 1763, which ceded Canada to the British crown, and it was likewise the marriage day of the Queen.

“On that day, in Montreal, in the presence of all the dignitaries of the church and of civil life, of the commander of the forces, of officers commanding regiments, and all who could be collected of the principal citizens, the oath was taken and the two provinces were established as the province of Canada.

“Lord Sydenham issued a proclamation on this occasion, in which he urged the inhabitants to be united in sentiment as in name and reminded them that they were ‘a part of the mighty empire of England, protected by her arms, assisted by her treasury, admitted to all the benefits of trade as her citizens, their freedom guaranteed by her laws, and their rights supported by the sympathy of their fellow-subjects there.’”

Lord Sydenham lived to call the first session of the United Province, which met at Kingston on June 14th, when Mr. Cuvillier was elected speaker, and on July 15th His Excellency gave the speech from the throne, but he was a sick man and he never lived to the close of the session. The prorogation of the legislature had been appointed for September 15th. It was deferred till September 17th to allow him to be present, since on September 4th he had met an accident horse-riding (taken for his health) in the neighbourhood of Kingston. He died on September 19th. “The Success of the Union,” as Kingsford[1] remarks, in the last chapter of his “History of Canada,” “is Lord Sydenham’s epitaph.”

Responsible government was at last attained. The union so ardently denied by the British party and needlessly feared by the other was to bring progress and prosperity to both. The Union was not a perfect measure, but it redressed many grievances and made for a more united people.

“The act provided for a legislative council of not less than twenty members for a legislative assembly in which each section of the united province would be represented by an equal number of members--that is to say, forty-two for each, or eighty-four in all. The speaker of the council was appointed by the crown and ten members, including the speaker, constituted a quorum. A majority of voices was to decide and in case of an equality of votes the speaker had a casting vote. A legislative counsellor would vacate his seat by continuous absence from two consecutive sessions. The number of representatives allotted to each province could not be changed except with the concurrence of two-thirds of the members of each house. The quorum of the assembly was to be twenty, including the speaker. The speaker was elected by the majority and was to have a casting vote in case of the votes being equal on a question. No person could be elected to the assembly unless he possessed a free-hold of land and tenements to the value of £500 sterling over and above all debts and mortgages. The English language alone was to be used in legislative records. A session of the legislature should be held at least every year and each legislative assembly was to have a duration of four years unless sooner divided.” (Bourinot’s “Constitution of Canada,” page 35.)

FOOTNOTES:

[1] Mr. Kingsford published, after twelve years of labour the last of his ten volumes of the “History of Canada,” in 1898. The preface was signed “Ottawa, 24th of May, 1898.” He died on September 29, 1898. His work is that of a conscientious historian and the facts he has marshalled together are invaluable to students.